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Parental rights/ adoption/paternity

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  • Parental rights/ adoption/paternity

    Hi ok this is going to be a bit long...
    My ex was in and out of jail most of my 12 year old daughters life..I married my ex's friend when she was 1.5 years old... when she was 2 he put his name on her birth certificate knowing that this was not his child but wanted to make sure she was safe and what not from her biological father...
    He at the time knew this was going to take place as well as his mother even went with us when the birth certificate was sighned... So I then divorce after 7 years of marriage my ex husband who put his name on the birth certificate 5 more years go buy he is paying child support but now wants to give up his parental rights to her as well as his biological daughter because My now husband wants to adopt them because he hasn't paid child support on them and they want him to because they dont like nor want to see there there dad is all for this ....Well my 12 year olds biological dad now wants paternity established on her ....But arent his statue of limitations already to late.. and if i go ahead have the ex sign his rights off them and my husband i have been with for 6 years adopts them.. is there anything that her father can do ?

    i should tell you this is an indiana question

    Her real biological father has been in jail for child molesting (slept with a 11 year old girl when he was 19)
    and reckless homicide where he had killed a girl while driving a motor vehicle. Would the courts here even allow this to happen.. I am petrified to let my daughter even near him...let alone paternity be established after my ex already sighned the birth certificate...

    Also am i obligated to even attempt to say that he was never her biological dad he just sighend the birth certificate freely and willingly and has raised her for this long ( well supposedly)?

    thank you

  • #2
    Well if the bio father did not know that it was his daughter until recently, he can file to establish paternity and you can file to have his parental rights terminated based on his conviction and abandonment and neglect, but if he establishes paternity and given his molestation record and th kid being a daughter in the age range of those he has molested, you should be able to get his parental rights terminated. I doubt his attempt to establish paternity would be thrown out because he was omitted from the birth certificate on purpose and was not in a position to contest that action given incarceration, which is a ground to terminate parental rights, so maybe you should ahve done t hat long ago instead of the name switch.
    As for the husband, that is between you two. However, even if his parental rights are terminated, the court may not let him out of arrearage child support.